Software License Agreement

PLEASE READ THIS DOCUMENT CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND EASY SOFTWARE PRODUCTS ("ESP"). BY DOWNLOADING THIS PACKAGE, AND USING THE SOFTWARE AND DOCUMENTATION ("SOFTWARE") CONTAINED IN THIS PACKAGE, YOU ARE AGREEING TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT REPRESENTS THE ENTIRE AND SOLE AGREEMENT CONCERNING THE ESP SOFTWARE, AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION OR UNDERSTANDING REGARDING THE SOFTWARE BETWEEN YOU AND ESP OR ANY OTHER PARTY. IF YOU (hereafter in this document referred to as "LICENSEE") ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, PLEASE DO NOT DOWNLOAD OR USE THIS SOFTWARE.

TERMS AND CONDITIONS OF SOFTWARE LICENSE

GRANT OF LICENSE; USE RESTRICTIONS. In consideration for the payment of a license fee, ESP grants to Licensee a personal, nontransferable (except as provided below) and nonexclusive right to use the SOFTWARE, solely for Licensee's internal business purposes, on a single SGI workstation, computer, or server product ("Designated Machine") identified below. Licensee agrees that it shall not reverse compile or disassemble any portion of the SOFTWARE.
OWNERSHIP OF SOFTWARE. Licensee agrees that no title to the SOFTWARE, or the intellectual property in any of the SOFTWARE, or in any SOFTWARE copy, is transferred to Licensee, and that all rights not expressly granted to Licensee hereunder are reserved by ESP. This license is not a sale of the original SOFTWARE or any copy thereof.
TRANSFER RESTRICTIONS. If Licensee transfers ownership, or otherwise disposes, or a Disignated Machine, provided that the transferee agrees to accept the terms and conditions of this Agreement, Licensee may transfer the SOFTWARE and all licenses and rights in SOFTWARE granted under this Agreement to such transferee (provided that all SOFTWARE copies are also transferred).
TERMINATION. If licensee fails to fulfill any of Licensee's material obligations under this Agreement, ESP may, at any time thereafter, and in addition to any other available remedies, terminate this Agreement and all licenses and rights granted to Licensee under this Agreement. Upon termination of this Agreement, Licensee shall, within thirty (30) days after termination, deliver to ESP all removeable media and documentation containing the SOFTWARE, and shall render unusable all SOFTWARE placed in any storage apparatus.

LIMITED WARRANTY AND DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

ESP warrants that it has the authority and right to license the SOFTWARE, and that the SOFTWARE will conform to the material printed specifications therefor which are in effect on the date of original delivery of such SOFTWARE. ESP's warranty and obligation shall extend for a period of ninety (90) days after the date of the original delivery of SOFTWARE to Licensee by ESP, and is solely for the benefit of Licensee, who has no authority to assign of pass through this warranty to any other person or entity.

Except as provided in this Section, the SOFTWARE is provided to Licensee on an "AS IS" basis, and ESP makes no other warranty of any kind, express of implied, with regard to the SOFTWARE licensed hereunder. ESP does not warrant or represent that the SOFTWARE will operate uninterrupted or error free or that all defects in the SOFTWARE are correctable or will be corrected. This warranty shall not apply if SOFTWARE is used other than in accordance with ESP's written instructions, or if any of Licensees's hardware equipment malfunctions. ESP's entire liability and Licensee's exclusive remedy for any defects in the SOFTWARE shall be to obtain ESP's SOFTWARE updates via Internet or pay a media update fee for each copy of the SOFTWARE.

THE FOREGOING WARRANTIES ARE IN LIEU OF, AND ESP DISCLAIMS, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MECHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the exclusion of implied warranties, so the exclusion above may not apply to Licensee. This warranty gives Licensee specificlegal rights, and Licensee may have other rights which vary from state to state.

IN NO EVENT SHALL ESP OR ESP'S LICENSORS BE LIABLE TO LICENSEE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR DATA AND PERSONAL INJURY), WHETHER OR NOT ESP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF THIS AGREEMENT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. In no event will ESP be liable for any claim against Licensee by a third party, and Licensee hereby agrees to indemnify and hold ESP harmless for any claims for cost, damage, expense or liability arising out of or in connection with the installation, use and performance of the SOFTWARE licensed hereunder, whether alone or in combiniation with any other product or service. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the limiation above may not apply to Licensee.

GNU GHOSTSCRIPT 3.33 SOURCE CODE AVAILABILITY

Under the terms of the GNU General Public License, ESP shall provide to Licensee the complete and modified source code for GNU GhostScript 3.33 on CD-ROM for a nominal media fee or via the Internet at no charge.

YES, I ACCEPT THIS LICENSE AGREEMENT AND WANT TO INSTALL THE SOFTWARE